A private water supply is usually found in a rural location, sourcing from wells, boreholes, springs or streams rather than a mains supply. In June 2016, new Regulations came into force in England and Wales to regulate public and private water supplies. These are:

The Water Supply (Water Quality) Regulations
These regulations are doing similar things to the Private Water Supplies (England) Regulations (see below) but they do not apply to small suppliers as they are aimed at water undertakers and licensed water suppliers only.

The Private Water Supplies (England) Regulations
These Regulations replace those of 2009 and look to further safeguard public health by ensuring that “supplies are wholesome, meaning safe to drink, and sufficient”. They are fairly similar to the 2009 Regulations but specifically implement an EU Directive about radioactive substances in water by adding in requirements to test for Radon and ensure that it is not present in the water supply.

First, the Regulation categorises private water into four groups:

Single private dwellings.

Small domestic supplies supplying fewer than 50 people.

Large domestic supplies supplying over 50 people or serving commercial premises, including B&B’s food undertakers, dairies and holiday and private tenancies.

Private distribution systems where mains water is used to supply a primary residence, then is further distributed via a private network of distribution pipes to one or more privately owned, secondary premises.

Note private tenancies are categorised in the 3 group as commercial premises. Consequently, in this post we will concentrate on the 3 group.

Risk Assessment
Landlords with private water supplies should contact their local authority because these Regulations require the council to carry out a risk assessment of private water supplies at least once every five years. This involves surveying the supply to identify potential contamination from the source to the property’s tap, identifying possible prevention measures and treatment options.

Sampling
Under the 3 category, rented properties should be monitored in 2 ways:

Check monitoring ensures the wholesomeness of the water; the frequency of check monitoring will depend on the amount of water used could can be annually and is known as a ‘Regulation 9 sample’.

Audit monitoring determines whether the water supply meets the relevant standards. The range of tests for audit monitoring is extensive and the amount of monitoring depends on the outcome of the risk assessment.

Quality Failure
Quality failures will be investigated by the council to determine the cause of the failure and whether it was caused by the condition of the supply. Council’s will serve a notice requiring remedial action and may prohibit or restrict the use of water if it could be harmful to health. These notices can be appealed in the Magistrates within 28 days of receipt. However, any failure to carry out any remedial action may result in prosecution in either the Magistrates or Crown Court. Fines are unlimited and a prison sentence is possible.

Costs
The cost of the risk assessment, sampling and any investigation will need to be met by the landlord. At present the maximum a council can charge for a risk assessment is £500, for sampling £50 + the cost of the analysis and for the investigation a maximum of £100 + the cost of the analysis. There are then further costs for check and audit monitoring.

Wales
The Welsh government has stuck with the previous regulation for Wales, Private Water Supplies (Wales) Regulations 2010, and has simply amended these to add in a requirement to deal with radioactive substances. In practice the net effect is fairly similar to the regulations passed for England.

Comment
The Regulation will only be relevant to a small number of rural landlords who have properties which are not connected to a mains water supply. Those that are affected will need to take any council notices seriously as the courts take a dim view of the pollution of water supplies and the fine awarded could be substantial particularly if a tenant has been taken ill.

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Emma Somerset

Emma qualified as a solicitor in 2010 after completing her academic training at Bournemouth University and the University of Law, Guildford.

After undertaking her training contract at a large firm on the south coast she began her career with the same firm before accepting a position with PainSmith Solicitors in November 2012.

Emma specialises in all aspects of property litigation and can assist in resolving most disputes, regularly acting for landlords and land owners in connection with dilapidations disputes, forfeiture and possession claims, land registration disputes, building and boundary disputes, and recovery of arrears and other debts.

Emma is also able to draft up to date tenancy documentation, being fully conversant with all relevant requirements and guidance that applies to this heavily regulated and changing area. She has been praised for her ability to quickly understand her clients’ objectives and for offering commercial, pragmatic advice in a straightforward manner.

Alexandra Rusu

David Whitney is a solicitor and mediator. Prior to joining PainSmith five years ago he was a Partner in a West London practice. He has practised in the field of landlord and tenant law for about 20 years and has over the last 15 years developed a specialism in long residential leasehold work. His work encompasses dealing with all aspects of landlord and tenant including dilapidations claims, repossessions, enfranchisement, lease extensions, RTM applications and service charge disputes to name a few. In the past 12 months alone David has assisted over 200 hundred flat owners to either purchase their freehold or extend their lease. David understands the, often, competing interests of differing parties and prides himself on giving clients pragmatic and commercial advice. David also sits as a fee-paid Judge of the First Tier Tribunal (Property Chamber) on the Southern Region and as a member of its mediation panel.

Laura Simpson

Laura graduated from the University of Portsmouth in 2013 with a degree in Law with Business. This year, Laura also completed the Legal Practice Course.

Prior to joining PainSmith Solicitors, Laura worked for a local council. She has the experience and knowledge to confidently handle her own caseload across a range of property matters and uses her understanding of business to ensure that she produces practical commercial solutions to client’s problems.

Sian Meredith

Sian graduated from the University of Portsmouth in 2015. Sian has an in-depth knowledge of possession proceedings and debt recovery.

Sian will commence her LPC in September 2016.

Richard Pulford

Richard came to PainSmith in August 2011 as a Paralegal after graduating with a degree in law from the University of Sheffield. Whilst working for PainSmith he completed the Legal Practice Course at weekends completed a training contract at the firm and has been taken on by the firm as a fully qualified Solicitor. After receiving considerable training provided by PainSmith, Richard joined the legal helpline and has been one of the advisers on the helpline for over four years.

He has over five years of experience in Landlord and Tenant law and his normal work load ranges from case handling of possession matters, deposit disputes, drafting of tenancy agreements, advising on HMO properties and debt and disrepair claims. He is experienced in lengthy and complex litigation and settlement negotiations.

David Whitney

David Whitney is a solicitor and mediator. Prior to joining PainSmith five years ago he was a Partner in a West London practice. He has practised in the field of landlord and tenant law for about 20 years and has over the last 15 years developed a specialism in long residential leasehold work. His work encompasses dealing with all aspects of landlord and tenant including dilapidations claims, repossessions, enfranchisement, lease extensions, RTM applications and service charge disputes to name a few. In the past 12 months alone David has assisted over 200 hundred flat owners to either purchase their freehold or extend their lease. David understands the, often, competing interests of differing parties and prides himself on giving clients pragmatic and commercial advice. David also sits as a fee-paid Judge of the First Tier Tribunal (Property Chamber) on the Southern Region and as a member of its mediation panel.

Marveen Smith

Marveen Smith was one of the founders of PainSmith Solicitors in 2001 and has been the only Principal of PainSmith Solicitors a niche firm who are specialists in property law since 2006. Marveen has a background in accountancy and tax; forging a second career in law by qualifying as a Solicitor before starting her own practice. As well as working in her legal practice daily Marveen is one of the trainers for ARLA and other organisations presenting legal courses throughout the country; giving presentations at regional meetings for ARLA; and at seminars for landlords. Marveen has made regular appearances on Money Box for Radio 4 and Watchdog where she endeavoured to balance the one sided view of letting agents that can be presented by the media, as well as disseminating information to enable landlords to act in a more professional capacity. Marveen was the first person to establish a legal helpline for landlords and agents; and to offer both standard and bespoke documents designed specifically for the lettings industry. Today PainSmith offers a wide choice of legal documents to satisfy the requirements of both relocation companies, letting agents and landlords.